Conflict of Interest
by dhawthorne
Summary: A continuation of Driving Drunks and Private Eyes, with a few twists. Various POVS. Please R&R! Timeline: Censure to Aftershock. Disclaimer: I only own the plot twists and the OC!
1. Chapter 1: Joel Thayer

Conflict of Interest: A Continuation of Driving Drunks and Private Eyes, by Stsgirlie

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Disclaimer: Don't own anything except the plot twists and the name of the OC. All else belongs to Dick Wolf and Co., and I'm not making any profit off of this story.

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Joel Thayer:

One of the good things about being a judge is that you command a lot of respect. One of my clerks came to me this morning with information on the Janet Rudman case. Supposedly, a police sting was set up after a ransom of twenty thousand dollars was demanded. The suspect, who was caught picking up the package containing the money, identified _my_ picture in the photo array. But guess who put it together? Claire Kincaid. Arthur Gold called just after Adam had notified him about my photo being picked out of the array. I'm going to meet with Ben Stone tomorrow, after I finish this case.

Anyway, the case in front of me right down is a drunk driver charged with his third DUI. And it's a bench verdict, as per the defendant's request. And guess who the defendant's attorney is? Arthur Gold. He's the one who set this whole thing up. I'll be able to use his client to do whatever it is that I need him to do. As it's his client's third DUI, he'd be going away for a long time if he's convicted. But, if I find him innocent, he'll have to do anything that I tell him to. Because I won't be on the bench, ever, after this Janet Rudman case gets off the ground, I can screw the legal system and play it like the stock market- as an insider. Once I acquit this guy, he'll have to listen to what I want him to do, or else I'll turn myself in and say that he bribed me, or some crap like that. Anyway, then he'll strike out and be sent to jail until hell freezes over.

It's not like I'll have a career after tomorrow. I'll be lucky to escape this trial with even the smallest shred of dignity and respect. The only hope I have with winning this trial is playing on the idea that Claire Kincaid was out to get me, because I "spurned her sexual advances." Yeah. When I was the one who pursued her. But who is the disciplinary committee going to believe- an unseasoned ADA or a respected jurist?


	2. Chapter 2: Nick Hutchins

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Disclaimer: Don't own anything except the plot twists and the name of the OC. All else belongs to Dick Wolf and Co., and I'm not making any profit off of this story.

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Nick Hutchins:

Damn, I cannot believe the goddamned cops. What does it matter if my blood alcohol level is above the legal limit? I didn't hit anybody! I didn't cause an accident! I wasn't even _speeding_ this time- I just pulled over to ask for some directions, because I took the wrong exit on the LIE. Damn it! The goddamned cop asked me if I'd been drinking, and I told him I only had a few beers. Screw the stupid breathalyzers! If I knew my blood alcohol limit was over the legal limit, I wouldn't have pulled over! I can't get charged for drunk driving again- it's my third strike, and I can't go to jail again. How can I get rid of this charge? I wonder what I can do to get acquitted? At least I've got a competent attorney this time around. Last time, _I_ could have represented myself better than that slimebag from the public defender's office did. Good thing the Nassau County DA cut a quick deal. Unfortunately, this time I was over the Nassau county line and was in Manhattan, with much stricter punishments for drunk drivers. But, like I said, at least this time I've got a decent attorney- thank God the Bar Association requires defense attorneys to do a lot of pro-bono work. Because I'd never, ever be able to afford Arthur Gold otherwise…


	3. Chapter 3: Claire Kincaid

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Disclaimer: Don't own anything except the plot twists and the name of the OC. All else belongs to Dick Wolf and Co., and I'm not making any profit off of this story.

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Claire Kincaid:

Oh my God. That son-of-a-bitch Thayer has done it again. I thought it was bad when I left him. He threatened to ruin my career. When I tried to date other guys, he'd send me letters with pictures of me and my date- obviously taken by a private investigator. He scared the crap out of me! I couldn't go anywhere, do anything without wondering if my movements would get back to him. That's really why I joined the DA's office instead of going into private practice. How could I explain my inability to take a case if he was the presiding judge? Admitting I'd slept with him would ruin my career, and his. Not that I really care about his career, but it'd make this constant surveillance all the worse. He might resort to doing something himself, like he has with Janet Rudman.

I've got to take myself off of this case. Damn Ben Stone for not letting me remove myself, because he feels the fact that I clerked for Joel won't have any affect on my ability to proceed with this case. Yeah, _clerking_ for Joel Thayer is a lot like what I've heard _assisting_ Jack McCoy is like. The same _services_ are required for both. But of course, Ben doesn't know that about Joel. While McCoy's _assistants_ are flaunted by him, Joel needs to keep a lower profile because he's married. Not that his marriage vows really mean anything to Joel in the first place! Most of our rendezvous took place on the _Barbara Ellen_. That's right- the boat he named after his _wife_!

Very rarely do I count myself lucky that I'm still single- being lonely was never something I enjoyed much- but at least I don't have a significant other to shield this news from, like Janet Rudman. And her child! Thank God I don't have one- I can't imagine the fear that Janet Rudman must have experienced thinking that her child was kidnapped. Joel certainly terrorized me after I broke it off with him, but his tactics take on so much more when used against a woman who has a family she needs to protect from the truth.


	4. Chapter 4: Arthur Gold

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Disclaimer: Don't own anything except the plot twists and the name of the OC. All else belongs to Dick Wolf and Co., and I'm not making any profit off of this story.

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Arthur Gold:

I have been advising my friend Joel Thayer on legal matters for over twenty years- since he was appointed to the bench, as a matter of fact. When he was facing sexual discrimination suits because he refused to hire female clerks, I hand-selected Ms Kincaid to be his very first female clerk. Little did I know that he was going to pursue her sexually! When he first came to me with this shocking revelation, I was stunned. Not because he was stepping out on Barbara, but because he said that he refused to have female clerks so as not to repeat his dalliances with his subordinates like those during his tenure as an EADA! He could've knocked me over with a feather. Sure, Joel's always been pretty open in admiring a nice pair of legs, but Jack McCoy really needs to take some lessons from Joel in being discreet about sleeping with your assistants! I never would have guessed that Joel was "screwing around where he worked," as he so decorously put it.

But Joel's in deep water this time. He'd gotten involved with Janet Rudman, and she dumped him. And he'd taken to threatening her child, for Christ's sake, to keep her with him. To top it off, his ex-lover, Claire Kincaid, is prosecuting. I told Joel the only way he'd have more than a snowball's chance in Hell was to file a report with the Disciplinary Committee on her conflict of interest. Knowing Ben Stone, I'll bet that Claire has already filed to recuse herself, but that he wouldn't listen. Her excuse was probably that she got a glowing recommendation from Joel, which led to her job. And Ben, the naïve man that he is, will not read between the lines and wonder _why_ the recommendation was so fantastic. Yes, Claire's a great worker, but if she really _was_ so great, wouldn't Joel want to keep her for himself? God, is Ben really naïve about human nature.

Well, it's good that Ben is so ridiculously blind, because Joel's going to need all the help he can get to not be convicted for attempted kidnapping. Because without Ben's blindness, Claire Kincaid would be off of the case and be able to remain in the DA's office, and he'd be able to 1) protect the integrity of the DA's office, and 2) have her take over his cases- giving him ample time to dig a deep enough hole to bury Joel in. By this time tomorrow, there will be charges of sexual misconduct and conflict of interest on their way to the Disciplinary committee, effectively ruining Claire Kincaid's career and reputation- and, I hope, preserve some of Joel's.


	5. Chapter 5: Joel Thayer

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Disclaimer: Don't own anything except the plot twists and the name of the OC. All else belongs to Dick Wolf and Co., and I'm not making any profit off of this story.

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Joel Thayer:

Well, it looks like my luck may be changing. After being served with charges of sexual misconduct and conflict of interest, Claire was forced to hand in her resignation. After she and I split up, I never succeeded in making her come back to me. There was no child to threaten, no lover to alert to what her _clerking_ duties really entailed. But now that her reputation is in tatters, I don't see how she'll be able to resist crawling back to me. At the time, sending her random photographs of moments when she presumed she was alone frightened her enough to warm my bed for a few more weeks. Once she got used to the photographs, however, she left me again.

This time, I'm not going to use a private detective. I have the perfect way to get back at her. Nick Hutchins, Arthur's client, the guy with the three DUIs over whose trial I presided over. The verdict from the bench was "innocent." Yeah, right. Hutchins was about as innocent as I am. Which is to say, not at all. Anyway, my plans for Hutchins are far more brilliant than I would ever have thought possible.

I'm going to have him buddy up with Claire, and become "drinking buddies." She's been loathe to start any new romantic attachments after I sent photographs of her making out with her last love interest to them. So, having Hutchins become friends with her is not only more plausible, it also has the ability to be longer-lasting. None of Claire's relationships have ever lasted beyond six months, I remember her saying. However, for her, friendship is a serious undertaking.

Hutchins will be able to report to me on what Claire's doing, if she's seeing anybody, what cases she's currently involved in, etc., much better than a private detective- probably because I want their relationship to get to a point at which they are actually confiding in one another. And she won't be on her guard so much with him- I doubt even she would expect a so-called "friend" to really be working with the enemy.


	6. Chapter 6: Nick Hutchins

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Disclaimer: Don't own anything except the plot twists and the OC.

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Nick Hutchins:

I can't believe my luck!! Arthur Gold is a genius- I know now why he makes so much money. He put me in touch with another one of his clients- who just happens to be Judge Joel Thayer, the man issuing a bench ruling for my drunk driving case! Before this encounter, I never believed in a higher power, yet there must be one, because I have sure been granted a gift from heaven.

Thayer told me this story about how he's getting screwed over by his ex-clerk who's making a case against him for attempted kidnapping and stalking. Anyway, he just wants me to "buddy up" with his former clerk- Claire is her name- and report back to him on anything that she tells me. All for a verdict of NOT GUILTY!! Sounds easy enough. I don't even have to wear a wire, although that'd make remembering everything much easier. And she's _hot_! He's even paying all the expenses that I might incur (like bar bills, taxi rides, dinners). This is a helluva lot better than Mt. McGregor!


	7. Chapter 7: Arthur Gold

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Disclaimer: I only own the plot twists and my original character.

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Arthur Gold:

Ha! I am one of the more brilliant legal minds of this century, if I do say so myself. I solved not only Joel's problems, but also the problems of my pro-bono client, Mr. Nick Hutchins. Joel needed someone to keep an eye on Claire, and Mr. Hutchins needed not to get convicted for his third DUI. _And_ Joel was the presiding judge on Mr. Hutchins' case, and it was a bench ruling! It could not have worked out any better if I had planned it!

Joel is using Nick to keep an eye on Claire- Nick is supposed to "buddy up" with Claire and report on all her activities. And, for this information, Joel issued a not-guilty warrant based on "lack of sufficient probable cause to take a breathalyzer". This is a case for the books, let me tell you! And the best part of all- I can't be touched, because all conversations I had with Joel and Nick are privileged! If they went to the DA and reported these activities, they'd be facing substantially more jail time than they are facing now- so I know I'm safe.

Ah, how I love the law!


	8. Chapter 8: Claire Kincaid

Claire Kincaid:

Today's disciplinary committee case did not go very well for me. I knew Joel would contradict everything I said, but my story sounded so implausible compared to the one he presented. According to him, _I _came on to him at work by kissing his neck and loosening his tie, even after he told me to stop. That is the exact opposite of what really happened! _Joel_ came on to _me_ at work by kissing _my_ neck and opening _my_ shirt. But of course, I doubt the disciplinary committee will believe my story. After all, Joel has respect as a respected jurist, and I'm just an over-worked, under-paid ADA who somehow got a glowing recommendation to be Ben Stone's assistant from the boss whom she was screwing. But I resent immensely the inference that I was sleeping my way up the ladder- I did not get the position as Joel's clerk by sleeping with him, but by being top of my class at Harvard. And NO! I did not sleep with my professors to get those grades!

Anyway, I went to Mulligan's (the bar right by my apartment) tonight and I met this guy named Nick. He's really sweet. He didn't try to get my number or come home with me either. He's a great listener- he just knew the right things to say to make me feel better. Anyway, I found myself telling him everything that went on today and I felt so relieved to get all that off of my chest. We've now got a standing "date" at Mulligan's every Tuesday and Friday to just talk about life. It's really nice to have a friend outside of work for a change.


	9. Chapter 9: Ben Stone

Ben Stone:

I can't believe that son-of-a-bitch Thayer. He has the nerve to accuse Claire of tampering with evidence and leading the investigation the wrong way, and then brings her up in front of the disciplinary committee!! Of course, Claire is too much of a good person to let Adam's and my names get dragged in the mud, so she resigned from the office! And _Arthur Gold_ is cross-examining her at the disciplinary committee hearing. He's also representing Thayer in the Janet Rudman case. Of course, we really only have circumstantial evidence in the Rudman case, because she refuses to testify against Thayer- because her husband doesn't know she's having an affair. This is a mess.


	10. Chapter 10: Nick Hutchins

Nick Hutchins:

So, contact has been made with Ms. Kincaid. We spent several hours chatting, and she opened up enough to tell me all about her disciplinary committee trial. We met at Mulligan's, a bar that Arthur Gold told me is close to her apartment. Gold also told me that the wire picked up everything loud and clear. Claire really is gorgeous. Anyway, I'll be seeing a lot more of her, because we've made a standing "date" for every Tuesday and Friday night at Mulligan's for beers and conversation. I'm glad this job is so easy.


	11. Chapter 11: Joel Thayer

Joel Thayer:

Nick Hutchins is doing a damned fine job of getting all the dirt on Claire. He wore a wire in to the bar, and I could hear everything they said. I would feel bad about it, but Claire ruined my life! She even had the nerve to dump me- because, she said, it was "affecting our work". Anyway, I found out a very useful and interesting piece of information- she is in love with Ben Stone. And Arthur tells me that Ben is in love with her too, because he can see it in his eyes.


	12. Chapter 12: Claire Kincaid

Claire Kincaid:

I was censured.

I can't believe it! All I've worked for- my career, my life- is gone! Just because of some vindictive, scorned lover. Thank God today's a Friday, because I really needed to talk to someone about this. Nick was so understanding about it. He really is a comforting guy to talk to.

Anyway, as I got the disciplinary committee's decision in the morning, I spent my afternoon talking to both Janet Rudman and Mary Ellen Thayer, as well as Joel Thayer. Janet is still sleeping with Thayer!!! He threatened to tell her husband that she was having an affair if she didn't continue it. I also talked to Mrs. Thayer, and she knew Joel was having an affair. She knew that we had an affair as well. She told me that she knew how manipulative Joel was, and that she was sorry that he'd ruined my career and threatened to kidnap Janet Rudman's daughter. Anyway, Janet's coming in for a sit-down tomorrow with Ben Stone to be prepped as a witness, because she's agreed to testify. Also, the letter that Joel wrote with cut-outs from newspapers? Mrs. Thayer found the pages where he cut out the letters. She's going to testify against Joel as well.

When I went aboard the _Mary Ellen_ to talk to Joel after talking to Mrs. Thayer, he said that Mrs. Thayer was divorcing him, and that I "might not have been the best that he'd had, but I was certainly the most expensive." He also admitted to trying to blackmail Janet Rudman into staying with him (just like he tried to blackmail me). I didn't tell Nick all of this because although I am no longer an officer of the court, I do not want to compromise the integrity of this trial any more than I've been accused of doing.


	13. Chapter 13: Arthur Gold

Arthur Gold:

Damn Claire Kincaid!!! She went to Joel and he admitted to threatening Mrs. Rudman. And she also convinced Mrs. Thayer and Janet Rudman to testify. So Ben Stone offered a plea bargain, six months at a minimum security facility. But he had to make a statement admitting to all the facts. Of course, Joel skirted the admission, until the Judge called us forward- and when Joel addressed Judge Schreiber by his first name. Then, Judge Schreiber made him admit to all the facts, including the details about his affair with Claire Kincaid. She was standing in the back of the courtroom- she looked a bit relieved that she'd be cleared of all charges.

You should've seen the way Ben Stone was looking at her after Joel's statement. I think that the reason Ben pushed so hard to have Joel testify about the details of Joel's and Claire's affair is because he wanted Claire to be able to get her job back. He wanted her to get her job back because he is in love with her, and wanted to continue to work with her.


	14. Chapter 14: Two Years Later

Two Years Later…

Two years after Joel Thayer's sentencing, Ben Stone had resigned from the D.A.'s office due to the death of a witness in a Russian mob case. Jack McCoy had taken over Ben's job as the Executive Assistant District Attorney in the Major Felonies Bureau. He continued to work with Claire Kincaid, and they began an affair. Joel Thayer was released six months after the sentencing hearing. Nick Hutchins and Claire Kincaid became close friends, and Nick kept Joel updated on Claire's life- most importantly, the start of the affair between Claire and Jack. After learning about her new "extracurricular activities" with her boss, Joel Thayer knew the time had come to settle the score with Claire Kincaid. After all, revenge is a dish best served cold…


	15. Chapter 15: Joel Thayer

Joel Thayer:

Claire Kincaid dares to ruin my life, and then she finds happiness with someone else?! How _dare_ she? I'm going to get revenge…I've got to! I've lost everything- my wife, my home, my career- and she got her job back, and she's engaged. Nick told me- she said that she was dying to tell someone, but because Jack's her boss, they have to keep their engagement a secret at work. She's even being promoted to a senior ADA, because she and Jack succeeded in getting the death penalty for Mickey Scott. In fact, his execution is today, and from what Nick has told me, she and McCoy have been having problems because of the execution. Tonight is the perfect time to enact my revenge…


	16. Chapter 16: Nick Hutchins

Nick Hutchins:

Claire didn't tell me she was going to be late. So I called Joel after waiting for an hour and he joined me. I remembered something that I thought odd on Tuesday- Claire only had club soda to drink. She normally has a beer, but since she and Jack got together, she's favoured scotch. I told Joel my suspicions- she was pregnant.

Joel was furious. He ordered several martinis, and I followed suit. I don't really remember anything after the third martini- until I woke up in the Riker's Island infirmary the next day…


	17. Chapter 17: Claire Kincaid

Claire Kincaid:

I just watched a man die- and I didn't do anything to stop it.

I know that Mickey Scott killed an innocent woman who was just going to work, and he wasn't even repentant- but did he deserve to die?

Jack and I have been having problems lately- the stress of keeping the engagement secret, our enormous caseload, and our differing views of the death penalty.

I took the rest of the day off, and went for a run. After increasing my speed because of some jerk hitting on me, I took a shower and went to see Mac. He was in a class, and I saw him pull the same "who wrote the brief?" act on a girl- the same act he used to pull on me.

We got in an argument about my wish to resign from the D.A.'s office. He told me that while I could quit my job, I couldn't quit the human race.

I spent some time talking with Anita Van Buren- I just needed a break from Jack, even though he was paging me every ten minutes. I came to terms with a lot of things while talking to Anita- I unburdened myself of all my worries, like being secretly engaged, and also being pregnant. I haven't even told Jack yet!!

Anyway, I finally started for Mulligan's to pick Jack up. He was already gone, but Lennie was there. I started towards him, and then offered Lennie a ride home, because he'd begun drinking again. He thinks his daughter hates him, but I know she couldn't hate him- I don't hate my mother, it's just that I have some resentment towards her. I hope my child isn't resentful of me…


	18. Chapter 18: Joel Thayer

Joel Thayer:

I saw Claire and Detective Briscoe leave the bar, and I told Nick to follow them. I knew he couldn't really hold his liquor, so I hailed a cab, telling him to follow Nick's car. I didn't want to be in the car with Nick- he was a reckless driver even when he was sober. We lost Nick as he sped up and passed Claire's car- then made a U-turn and slammed into her when she was stopped an intersection. As my cab neared the scene of the accident, I saw the wreckage. I told the cabbie to call 911, while I checked Claire's pulse. She was dead.


	19. Chapter 19: Jack McCoy

Jack McCoy:

I can't believe it.

Claire is dead.

She was driving Lennie home because I'd already left the bar. I can't stop thinking about if I hadn't been so impatient, she might still be alive. It's all my fault that she's dead!! And the last words I said were "to hell with her."

Rey Curtis and Lennie can't take over the investigation- Lennie was in the car, and both were too close to Claire.

The guy who crashed into Claire's car is a man named Nick Hutchins. He has a record for drunk driving- and three indictments. However, he only had two convictions. His last drunk driving case was a bench trial, where he was found innocent. By Joel Thayer. And Thayer's prints were on the driver's side door handle.

Hutchins said that he "buddied up" with Claire to report her movements to Thayer, so he could eventually take revenge on Claire for ruining his life. That night, Hutchins remembers telling Joel about Claire's and my engagement. They were watching me call her, too. Hutchins remembers that Thayer started drinking after Hutchins told Thayer that Claire was pregnant.

I didn't know she was pregnant. But the autopsy report confirms it- she was ten weeks pregnant. We were going to have a baby, but that hope is gone, now, because of JOEL THAYER!!!

I am going to nail him to the wall. He took away my chance for happiness, just because _he_ started having an affair with Claire, and _he_ had an affair with Janet Rudman and threatened to kidnap her daughter. And now, he's kidnapped any opportunity that I had to start a life with Claire. That son-of-a-bitch.


	20. Chapter 20: Epilogue: Six Months Later

_Six Months Later_

Joel Thayer was charged with first-degree murder and received the death penalty. He is currently on death row awaiting his mandatory appeal to be heard before his execution.

Nick Hutchins cut a deal for second-degree murder in exchange for his testimony. He was sentenced to life in prison, with the possibility of parole after twenty years.

Lennie Briscoe never drank a drop of alcohol again. He blamed himself for Claire's death, as did Jack McCoy.

Ben Stone heard about the accident from Adam Schiff while he was in France. He returned to New York to testify about the Janet Rudman case in Thayer's murder trial.

Jack McCoy could not forget about the losses that he suffered. He dropped into the bottle until Adam became very worried about him. Adam convinced Jack to see Dr. Elizabeth Olivet. Jack was eventually able to go back to work after coming to terms with his loss. However, he stopped getting involved with his assistants…at least while they were his assistants.

Arthur Gold's role in facilitating the introduction of Joel Thayer and Nick Hutchins after Hutchins's trial ended cost him his law license. He was also placed on probation for five years following his indictment for conspiracy to commit murder. He cut a deal with the district attorney for his testimony against Nick Hutchins and Joel Thayer.


End file.
